Federal court begins trial on 'Don't Ask Don't Tell' challenge

The US District Court for the Central District of California [official website] on Tuesday began the trial in a case challenging the constitutionality of the military's "Don't Ask Don't Tell" policy [10 USC § 654; JURIST news archive]. Judge Virginia Phillips, trying the case without a jury, heard opening statements [text] in the case, Log Cabin Republicans v. United States [case materials; LCR backgrounder], in which the Log Cabin Republicans (LCR) [advocacy website] argued that the military policy violates the First Amendment [Cornell LII backgrounder]. They claim the policy has the effect of barring homosexual members of the military from "communicating the core of their identity and emotions," or associating with pro-homosexual groups. Citing Lawrence v. Texas [Cornell LII backgrounder], in which the Supreme Court [official website; JURIST news archive] struck down state bans on homosexual activity, LCR argued that the policy violated the Fifth Amendment [Cornell LII backgrounder] guarantee of due process. Under Lawrence and later precedent, the government must show that an interference with the private life of homosexuals is "necessary to further [important government interests]," according to LCR. LCR also pointed to statements made by President Barack Obama and Defense Secretary Robert Gates [official profiles] claiming that the law weakens national security and that the rationale for it is not based in fact. LCR stated that it would introduce as evidence testimony from homosexual service members affected by the policy and government reports that undermine the rationale for it. Despite its objections to the policy, the Obama administration argued for its constitutionality [AP report], describing plaintiffs' evidence as irrelevant and stating that the federal court was inappropriately hearing an issue that was currently being debated in Congress.

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